1988-0182180L
NO 39-01
AN ORDINANCE APPROVING AMENDMENT NO
DESIGN ENGINEERING SOURCES BETWEEN THE
& VEATCH, AND PROVIDING FOR AN EFFECTIVE
1 TO AN AGREEMENT FOR
CITY OF DENTON AND BLACK
DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Mayor and City Secretary are hereby
authorized and directed to execute and attest, respectively,
Amendment No 1 to the Agreement for Design Engineering Sources
between the City of Denton and Black & Veatch under the terms
and conditions being contained in said agreement, which is
attached hereto and made a part hereof
SECTION II That this ordinance shall become etfective
immediately upon its passage and approval
PASSED AND APPROVED this the / day of , 1988
RAY S E ENS, AYOR
ATTEST
k✓ ,
JENNIF R WALTERS, CITY SECR^TARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY )C~~ Qd -ILI
ADD 76201 3023 No
2180L
THE STATE OF TEXAS S
COUNTY OF DENTON t
76201 3023 Jan 14.88 17 23 P 05
AMENDMENT NO. 1 TO AGREEMENT FOR
DESIGN ENGINEERING SOURCES BETWEEN THE
CITY OF DENTON, TEXAS AND BLACK 4 VEATCH,
ENGINEERS-ARCHITECTS DATED JULY 181 1984
WHEREAS, on July 18, 1964 the City of Denton, hereinafter
called Owner, and Black 6 Veatch, Engineers-Architects, herein-
after called Engineer, entered into an agreement for the perfor-
mance of professional engineering services in connection with the
Lewisville Dam Hydroelectric Projects and
WHEREAS, due to certain factors beyond the control of either
party, the design of said Hydroelectric Project has been delayed)
and
WHEREAS, the Engineer has requested additional compensation
as a result of said delays and the City has agreed to such
additional compensation, provided certain other amendments to the
agreement are approved, NOW, THEREFORE
W I T N E S S E T H
ARTICLE I.
Pursuant to Article 18.0 (integration and modification) of
that certain Agreement entered into by and between the Owner and
Engineer on the 18th day of July, 1984, Engineer and Owner hereby
agree
A. That Art 6 5 of said Agreement is hereby amended so that
it shall hereafter be and read as follows.
6 5 Employee Claims Engineer agrees to indemnify owner
against legal liability for damages which is the
result of claims by Engineer's employees.
U. That Art 6 6 of said Agreement is hereby amended so that
it shall hereafter be and read as follows
6.6 Limitations Of Liability. Engineer shall have no
liability for special or consequential damages
including, but not limited to, loss of equipment use,
loss of profits, cost of capital, cost of replacement
power, or similar damages
C. That Art. 6.8 of said Agreement is hereby amended so that
it shall hereafter be and read as follows.
6.6 Other Project Participants. Engineer agrees to
incorporate indemnities similar to this Article 6 0
ADN 76201 3023 No 76201 3023 Tan 14.88 17 24 P 06
into contractual
participants in the
Owner in order to
interests,
arrangements with other Project
documents it prepares on behalf of
protect the 'OWner's and Engineer's
D That Attachment 2.0 (compensation) of said agreement is
hereby amended so that it shall hereafter be and read as
follows
ATTACHMENT 2.0
COMPENSATION
Owner shall pay to the Engineer for the performance of the
Services the sum of the following amounts
(1) The amount of 1.85 times payroll costs for the actual
time of office personnel applied to the bervices.
(2) An amount equal to the actual out-of-pocket cost or
standard charges for all expenses incurred by Engineer
directly chargeable to the services rendered pursuant
to this Agreement Such expenses shall specifically
include, but are not necessarily limited to, the
following
(a) Long distance telephone expenses.
(b) Standard charges for operating time actually
applied to the Services of Engineer's computer
center, other computer centers, and Engineer's
automated drafting systems
(c) Prints, reproductions, word processing, and
printed documents at standard rates.
(d) Actual costs of reasonable traveling and living
expenses for personnel.
(e) The actual coat paid by the Engineer to third
parties
(f) Other direct expenses related to the Services
An escalation rate of not more than five (5e) percent per
year will be applied to salary costs for services
performed subsequent to December 31, 1984.
Payroll costs include actual salary plus allowances for
holidays, vacation, sick leave, FICA and unemployment
PAGE 2
RDN 76201 3023 No 76201 3023 Jan 14.88 17 24 P 07
taxes, worker's compensation insurance, and employee
benefits including medical insurance, supplemental
retirement programs, life insurdnce, incentive compen-
sation, tuition reimbursements, and other miscellaneous
benefits.
Payroll allowance, exclusive of holidays, shall be fixed
for the term of this Agreement at twenty-nine (299)
percent of the hourly salary rate Hourly salary rates
shall be equal to the monthly salary divided by the number
of regularly scheduled working hours during he engineer's
fiscal months thus, the allowance for holidays is provided
in the hourly salary rate.
The Engineer's fiscal month is from the 27th day of each
month through the 26th day of the succeeding month.
Engineer will submit to owner monthly invoices for
services performed. Each invoice will be submitted by
about the fifteenth day of the month following the month
during which such Services were performed. Owner agrees
to pay Engineer's monthly invoice within thirty (30) days
after the invoice date and to pay Engineer a carrying
charge of one (18) percent per month (twelve (12%) percent
per year) or the maximum rate allowed by law, if less, on
all amounts remaining unpaid after sixty (60) days
following an invoice date.
Owner has the right to audit the time records and salaries
of personnel and charges for direct expenses for
assignments for which cost-plus compensation is provided.
Engineer agrees that the total amount payable by Owner for
the services shall not exceed Three Hundrec Ninety-three
Thousand Six Hundred Forty-nine Dollars ($393,649) for
Design Engineering and Resident Engineering and Engineering
Completion Services without prior written approval from
the owner An escalation rate of 4 8 percent for salaries
in 1986, 4 5 percent for 1987 and 4.5 percent for 1988 is
hereby approved. Any further annual salary adjustments
shall not exceed 5 percent per year.
ARTICLE II.
In all other respects, the terms and conditions of the
Agreement, as executed by the parties on the 18th day of July,
1984 remain in full force and effect.
PAGE 3
RDN 76201 3023
No 76201 3023 3an 14,88 17,25 P 08
Executed this ll~Qay of , 1988.
CITY OF DENTONt TEXAS
BY: r`°' aJ
RAY 8 7 LENS, MAYOR
ATTEST:
JErNNIFBR WALTERS 6ECR TARP
APPROVED AS TO LEGAL FORM•
DEBRA ADAMI DRAYOVITCHt CITY ATTOMY
C
BY
J
BLACK 6 VEATCH
ENGINEERS-ARCHITECTS
BY 6~~ <
TITLE ^4oW~r OW
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